Zoning Board of Adjustment

MINUTES BOROUGH OF MADISON ZONING BOARD OF ADJUSTMENT Regular Meeting, Thursday, February 14, 2013 at 7:30 P.M., Hartley Dodge Memorial, 50 Kings Road, Madison, New Jersey ________________________________________________________________ 1. CALL TO ORDER BY CHAIRPERSON 2. ANNOUNCEMENT OF NOTICE (STATEMENT OF COMPLIANCE) A regular meeting of the Borough of Madison Zoning Board of Adjustment was held on Thursday, February 14, 2013 at 7:30 pm in Room #140 of the Hartley Dodge Memorial Building, located at Kings Road, Madison, NJ. Joseph Santoro, Chairperson opened the meeting and requested the reading of the public meeting notice as follows: “Let the minutes reflect that adequate notice of this meeting has been provided in the following manner: At the Reorganization Meeting of the Board, held on January 10, 2013, the Board, by resolution adopted a schedule of meeting. On January 11, 2013, a copy of the schedule of meetings was posted at the bulletin board at the main entrance of the Hartley Dodge Memorial Building, was sent to the Madison Eagle and the Daily Record and filed with the Borough Clerk, all in accordance with the “Open Public Meetings Act.” 3. ROLL CALL PRESENT: Joseph Santoro, Toni DeRosa, Ronald Poeter, Mike Lami, Timothy Blair, Susan Niculescu, Kyle Wickman and Carl Hess EXCUSED: Diane Driscoll ALSO PRESENT: Gary Hall, attorney 4. PLEDGE OF ALLEGIANCE 5. MINUTES FOR APPROVAL The following minutes were distributed to all Board members prior to this meeting for their review. Re-Organization meeting of 01/10/2013 for adoption Regularmeetingof 01/10/2013 for adoption. The Reorganization Minutes had one correction to Item #9. It was deleted and it was replaced by “The Planning Board will name the candidates”. Both copies of the minutes were approved with a voice of aye heard from all Board members. 6. RESOLUTIONS FOR MEMORIALIZATION– No Resolutions. 7.OTHER BUSINESS Presentation to John Ciulla, Daniel Cochran and Nancy Northrup for their service on the Zoning Board of Adjustment. All three retired members were present. Joseph Santoro commended them and stated that he put together a spreadsheet with the following information. During Dan and John’s service to the Zoning Board, they both heard over 300 applications and volunteered 500 hours of service. ZBA Regular Mtg. 2-14-13 Page1 Nancy heard 444 applications and volunteered 725 hours. He and the Board members thanked them and Mr. Santoro read the Resolution commending them. 8. OLD BUSINESS - None 9.NEW BUSINESS – CASE NO. Z 13-001 Victor Belkowski Block: 2102, Lot: 12 34 Rosedale Avenue Applicant is requesting permission to construct a New Single Family Dwelling in an R-2 (Single- Family Residential) Zone requiring variance relief from the minimum side yard setback and maximum principal building coverage. Maryann Belkowski and David Zimmerman, Planner were both sworn in and the following exhibits were marked: B – 1 12-21-12 Letter of Denial from the Borough of Madison dated 12-21-12 A – 1 Survey, dated 12-20-12, 2 sheets A – 2 Architectural Plans, prepared by Michelle DeSalvo, Architect, dated 12-20-12 Mr. Zimmerman gave a quick introduction and the applicant, Mary Ann Belkowski continued by explaining that her aunt is presently in a nursing facility and she passed her home to her. The home was purchased by the Belkowskis and they plan to demolish the home due to its severe disrepair. Her aging mom will be living with them. Mr. Zimmerman then continued to describe the lot and its zone, it is 50 feet wide and as a consequence the applicant is seeking a variance for both side yards. The house is 30 feet wide only leaving 10 feet on each side. The proposed home is modest in size, and in scale with other homes in the neighborhood. The building coverage proposed is 15.9%, less than the home which was previously on the lot. A 1,324 ft. home is being proposed and is about 150 feet larger than what had existed. A drywell is proposed for the new home, the old home did not have any drywell or drainage system. The home will have a kitchen, eating area and great room on the first floor, and the second floor will contain a master bedroom and three additional bedrooms one of which maybe an open sitting area. A – 3 Aerial photo, tax map Mr. Zimmerman used Exhibit A-3 to identify the location of the homes in the area, their building and lot size. He stated the 15.9% that is proposed fits into the neighborhood building coverage. He believes that this application is a hardship, due to its location on an undersized lot. He believes it will not have any substantial detriment to the neighborhood. A discussion took place with regard to the positioning of the garage to allow the home to be more aesthetically pleasing from the road. There being no further questions from the Board, the public was given the opportunity to ask questions and make comments as follows: Donna Matina, 9 Lewis Drive, was concerned with the septic system that is presently there. She wanted to know how the new septic will be hooked up and whether the old one will be ZBA Regular Mtg. 2-14-13 Page2 removed. Gary Hall stated that whateveris required by law is what the applicant would have to adhere to. Corinne DeStefano, Attorney representing the Lutz family, residing at 5 Lewis stated that the Lutz’s are concerned with the process of the sewer hookup and the easement that exists. Gary Hall stated again, this is not an issue for a decision of the Zoning Board of Adjustment. James Fox, 32 Rosedale, was concerned with the front wall of the structure. This neighbor agreed that the front of the home is fine as proposed. There being no further questions or comments from the public, the Board began their deliberation. The consensus of the Board was toapprove the application as proposed. A motion to approve the application as submitted was made by Mike Lami and seconded by Ronald Poeter. A roll call vote was requested and recorded as follows: AYES: Mr. Blair, Mrs. DeRosa, Mr. Lami, Mrs. Niculescu, Mr. Poeter, Mr. Santoro and Mr. Wickman CASE NO. Z 13-002 Mark Sheeleigh Block: 4804, Lot: 11 32 Barnsdale Road Applicant is requesting permission to construct a Front Entry, 2 Story Addition and Covered Porch in an R-2(Single-Family Residential) Zone requiring relief from minimum rear yard setback (right), maximum principal building coverage and maximum impervious lot coverage. Mr. and Mrs. Sheeleigh and Alan Andreas, Architect was sworn in and the following exhibits were marked. B – 1 Letter of Denial from the Borough of Madison, dated 12-18-12 A – 1 Plans prepared by Alan Andreas, Architect, 3 sheets A – 2 Photo board Mr. Andreas began by explaining that the family consists of 6 individuals. The house currently is of the 50’s vintage with the entry walking right into the living room of the home. The applicant desires to keep the fabric of the neighborhood. All homes surrounding the home are single story; however, the applicant considered that the home should be viewed as a single story. The rear variance is solely for the porch. The second story of the home will match in the rear, both the house on the left and right of the applicant’s. Mr. Andreas continued by explaining that the square footage is being added to the home in the front as a porch, and the rear. Landscaping will be added in the rear to screen the addition from the neighbor’s view. A drywell will be required for the overage of the square footage and footprint. The public was given the opportunity to question the architect as follows: Jocelyn Colquhoun, 40 Barnsdale, to the right of the applicant, had questions for clarification. She questioned the 50 foot setback, also the water runoff and where it will be directed. She questioned the building coverage and whether this is typical. Mr. Santoro answered stating that each application is considered individually and the Board attempts to make their decision on ZBA Regular Mtg. 2-14-13 Page3 how the home fits into the neighborhood. Mr. Andreas walked Mrs. Colquhoun through his plans explaining the reasoning for his design. There being no further questions from the Board or public, the Board began their deliberation. The consensus of the Board was to approve the application with the condition that the rear roof leaders go to a new drywell. A motion to approve the application with the condition as was made by Ronald Poeter and seconded by Timothy Blair. A roll call vote was requested and recorded as follows: AYES: Mr. Blair, Mrs. DeRosa, Mr. Lami, Mrs. Niculescu, Mr. Poeter, Mr. Santoro and Mr. Wickman. CASE NO. Z 13-003 Anthony & Jennifer Gero, III Block: 502, Lot: 14 63 Myrtle Avenue Applicants are requesting permission to construct a 2-1/2 Story New Dwelling in an R-3(Single – Family Residential) Zone requiring relief from minimum side yard setback (right), minimum side yard setback (left) and maximum principal building coverage. Anthony, Anthony Sr. and Jennifer Gero were sworn in and the following exhibits were marked, B – 1 Letter of Denial from the Borough of Madison, dated 1-7-13 A – 1 Copy of survey dated 1-3-13, and Lot Grading Plan A – 2 Architectural Plans and Elevations, prepared by Apex Homes, 1-15-13, 7 sheets Mr. Gero began by explaining that the home is staying in the family. Mr. Gero’s son will take possession. He stated that the lot is non-conforming and they attempted to position the home strategically on the lot. He stated that the proposed home will improve the neighborhood. It is currently a two-family home. The width of the driveway is approximately 12 ft. A drywell is proposed and Mr. Hall commented that the entire home has to be hooked into the drywell. The proposed home will be set back further into the property, which is flat. All the homes surrounding the proposed construction have backyards facing this property. The exterior of the house will be constructed with siding. The Board stated that they are concerned with the driveway and the cars being too closeto the street. Mr. Santoro believes the left side of the of the proposed addition is very high, and may eventually be a detriment to the neighbor. The applicant stated that ample vegetation exists for screening in the rear. Suggestions were interchanged between the Board and the applicants regarding the height and building mass. A means of scaling down the mass was discussed. Mr. Santoro suggested that the applicant review their plans and take into consideration the suggestions that the Board has made to scale down the home. The public was given the opportunity to ask questions or make comments as follows: Lou DeRosa, stated he and his brother definitely support the applicant’s proposal. He stated there is a surface water problem and he suggested a surface drain be installed.The applicant will return at the next scheduled meeting on March 14, 2013 with revised plans. The Board took a break at 9:30 and returned at 9:39. ZBA Regular Mtg. 2-14-13 Page4 CASE NO. Z 13-005 Greg Winsper& Patricia Wyer Block:1901, Lot:13 20 Grove Street Applicants are requesting permission to construct 2nd Story Addition in an R-3 (Single-Family Residential) Zone requiring relief from maximum impervious lot coverage. Mr. Winsper and Ms. Wyer were sworn in and the following exhibits were marked. B – 1 Letter of Denial from the Borough of Madison, dated 1-14-13 A – 1 Survey prepared by Michael Lynch, dated 12-14-12 A – 2 Plans prepared by Dubonnet Architects, dated 8-20-12 The applicants began by stating that the home is an older home and they want to keep its integrity. The impervious coverage is over and Ms. Wyer stated that a dormer is what actually is increasing the impervious coverage. Mr. Lami stated that their application is not increasing the impervious coverage. Mr. Lami asked if there are any water problems on the property. Ms. Wyer believes that some of the neighbor’s yards have some water problems, however, their property does not have any water problems. Mr. Santoro stated that when he visited he noticed that the property is large, and he suggested that the applicant consider a drywell which would improve the high impervious coverage problem. A discussion continued regarding the overage on the impervious coverage and the Board stated they would appreciate the applicant making some corrections and adjustments. Mr. Santoro suggested that the applicant return with a revised plan to correct some of the problems. The applicant agreed to return on March 14, 2013 with a revised plan. CASE NO. Z 13-006 Elias Cagiannos& Lara Aumento Block: 3904, Lot: 20 87 Woodland Road Applicants are requesting permission to construct a 2 Story Addition, 2nd Story Addition and Bluestone Patio with firepit in an R-2 (Single-Family Residential) Zone (Corner Lot) requiring relief from minimum front yard setback(Norman Circle), minimum rear yard setback and maximum principal building coverage. Mr. Cagiannos, Ms. Aumento, and Alan Andreas, Architect for the applicantwere sworn in and the following exhibits were marked. B – 1 Letter of Denial from the Borough of Madison dated 1-15-13 A – 1 Plans prepared by Alan Andreas, Architect, 3 sheets, dated 1-17-13 Mr. Andreas began by describing their plan to improve the home. He stated that the home is oddly positioned on the lot and the front yard setback is on Woodland Avenue. This causes several of the variances that are being sought. The front yard setback is off of Norman Circle and is needed for a shed dormer. The maximum principal building coverage is slight and is caused by a covered porch, the primary entrance to the mud room. The rear setback is caused by a serious hardship which is a pre-existing, non-conforming lot. ZBA Regular Mtg. 2-14-13 Page5 A kitchen is proposed as part of the addition and a major portion of it is planned for the rear. The streetscape will remain the same with the exception of the small dormer. There will be landscaping to shield the addition from the neighbor’s home. A discussion took place with regard to the drainage and how it flows. All leaders on the home go out to Norman Circle. Mr. Andreas suggested that the front should be addressed with regard to the leaders due to the down slope. The Board and applicant agreed upon the front leaders to drywell with Borough Engineer approval. There being no further questions from the Board or public, the Board began their deliberation. The consensus of the Board was to approve the application with the condition that the front leaders go directly into a new drywell. A motion to approve the application with the condition was made by RonaldPoeterand seconded by Timothy Blair. A roll call vote was requested and recorded as follows: AYES: Mr. Blair, Mrs. DeRosa, Mr. Lami, Mrs. Niculescu, Mr. Poeter, Mr. Santoro and Mr. Wickman. CASE NO. Z 13-007 Kiernan & Mary Beth Flanagan Block: 4303, Lot: 18 5 Prospect Place Applicants are requesting permission to construct a 2 ½ Story Addition, Deck, and make Driveway Modifications in an R-3 (Single-Family Residential) Zone requiring relief from maximum principal building coverage and maximum impervious lot coverage.Carried to the regular meeting scheduled for March 14, 2013. CASE NO. Z 13-008 Gregory & Katie Soeder Block: 4004, Lot: 33 42 East Lane Applicant is requesting permission to construct a Blue Stone Patio with Outdoor Kitchen, (2) Pergolas, Fireplace and Seat Wall in an R-2 (Single-Family Residential) Zone requiring relief from maximum impervious coverage.Carried to the regular meeting scheduled for March 14, 2013. 10. OTHER BUSINESS- 2012 Annual Report – Mr. Hall discussed several of the adjustments that he made to the Annual Report with the Board. He advised that if a Resolution is adopted with regard to the Annual Report, it will then go to the Planning Board and Council with the Zoning Board’s recommendations. A draft resolution will be prepared and be redistributed to the Board members for their review. 11. ADJOURNMENT – The meeting was adjourned at 10:45 pm with a motion made by Mike Lamiand seconded by Susan Niculescu. Respectfully submitted, Lorraine Sola Recording Secretary ZBA Regular Mtg. 2-14-13 Page6